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A BILL TO BE ENTITLED
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AN ACT
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relating to the attorney general's legal sufficiency review of a |
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comprehensive development agreement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 371.051, Transportation Code, is amended |
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to read as follows: |
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Sec. 371.051. ATTORNEY GENERAL REVIEW AND EXAMINATION FEE. |
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(a) A toll project entity may not enter into a comprehensive |
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development agreement unless the attorney general reviews the |
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proposed agreement and determines that it is legally sufficient. |
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(b) A toll project entity shall pay a nonrefundable |
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examination fee to the attorney general on submitting a proposed |
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comprehensive development agreement for review. At the time the |
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examination fee is paid, the toll project entity shall also submit |
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for review a complete transcript of proceedings related to the |
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comprehensive development agreement. |
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(c) If the toll project entity submits multiple proposed |
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comprehensive development agreements relating to the same toll |
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project for review, the entity shall pay the examination fee under |
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Subsection (b) for each proposed comprehensive development |
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agreement. |
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(d) The attorney general shall provide a legal sufficiency |
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determination not later than the 60th day after the date the |
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examination fee and transcript of the proceedings required under |
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Subsection (b) are received. If the attorney general cannot |
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provide a legal sufficiency determination within the 60-day period, |
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the attorney general shall notify the toll project entity in |
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writing of the reason for the delay and may extend the review period |
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for not more than 30 days. |
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(e) After the attorney general issues a legal sufficiency |
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determination, a toll project entity may supplement the transcript |
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of proceedings or amend the comprehensive development agreement to |
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facilitate a redetermination by the attorney general of the prior |
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legal sufficiency determination issued under this section. The |
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toll project entity is not required to pay an examination fee for a |
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redetermination review. |
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(f) The toll project entity may collect or seek |
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reimbursement of the examination fee under Subsection (b) from the |
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private participant. |
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(g) The attorney general by rule shall set the examination |
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fee required under Subsection (b) in a reasonable amount and may |
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adopt other rules as necessary to implement this section. The fee |
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may not be set in an amount that is determined by a percentage of the |
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cost of the toll project. The amount of the fee must cover only the |
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usual actual costs incurred by the attorney general for conducting |
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the legal sufficiency review. |
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SECTION 2. The requirements of Section 371.051, |
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Transportation Code, as amended by this Act, apply only to a |
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comprehensive development agreement submitted to the office of the |
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attorney general on or after the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |